Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 (Qld)

Transport Operations (Road Use Management—Driver Licensing) Regulation 2021

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

This regulation may be cited as the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021.

2   Commencement

(1)This regulation, other than the provisions mentioned in subsections (2) and (3), commences on 1 September 2021.

(2)The following provisions commence on 10 September 2021—

(a)chapter 11;

(b)chapter 12, part 4;

(c)schedule 7, items 15 and 16.

(3)Sections 264(2)(d), 268(1)(c) and 270(1)(c) commence on 31 January 2022.

Part 2    Interpretation and key concepts

3   Definitions

The dictionary in schedule 9 defines particular words used in this regulation.

4   Classes of Queensland driver licences

(1)The class of a Queensland driver licence identifies the class of motor vehicle the holder of the licence is authorised to drive, or learn to drive, under the licence.

Note—

See also chapter 2, part 2.

(2)The classes of Queensland driver licence for driving, or learning to drive, cars, buses, heavy vehicles, mopeds and specially constructed vehicles are, from the lowest class to the highest class, the following—

(a)class C;

(b)class LR;

(c)class MR;

(d)class HR;

(e)class HC;

(f)class MC.

Notes—

1The class of a Queensland driver licence for riding or learning to ride a moped may also be a class mentioned in subsection (3).

2See also section 402 for class UD Queensland driver licences.

(3)The classes of Queensland driver licence for riding, or learning to ride, motorbikes are, from the lowest class to the highest class, the following—

(a)class RE;

(b)class R.

5   Categories and types of Queensland driver licences

(1)The following categories of Queensland driver licence are issued under the Act (each a category of Queensland driver licence)—

(a)a learner licence;

(b)a provisional licence;

(c)a probationary licence;

(d)a restricted licence;

(e)an open licence.

(2)If a Queensland driver licence is a learner licence or open licence, that is also the type of the licence under this regulation.

(3)If a Queensland driver licence is a provisional licence, the licence is also issued with a type of Queensland driver licence that is P1 or P2.

Example—

A provisional licence may be a P1 provisional licence or a P2 provisional licence.

(4)If a Queensland driver licence is a probationary licence, the licence is also issued with a type of Queensland driver licence that is P1, P2 or P.

Example—

A probationary licence may be a P1 probationary licence, P2 probationary licence or P probationary licence.

(5)If a Queensland driver licence is a restricted licence, the licence is also issued with a type of Queensland driver licence that is P.

(6)The category and type of a Queensland driver licence are relevant to whether particular restrictions under this regulation apply to the holder of the licence.

Note—

A Queensland driver licence may also be subject to conditions. See sections 201 and 202(3) and (4) and schedule 3.

6   Meaning of P1 type licence, P2 type licence and P type licence

(1)A P1 type licence is a P1 provisional licence or P1 probationary licence.

(2)A P2 type licence is a P2 provisional licence or P2 probationary licence.

(3)A P type licence is a P probationary licence or P restricted licence.

7   Meaning of O type licence

An O type licence is—

(a)an open licence; or

(b)a non-Queensland driver licence that corresponds to an open licence.

8   References to O type licences

In this regulation, a reference to an O type licence of a stated class includes a non-Queensland driver licence that corresponds to an open licence of the stated class.

9   Classes of motor vehicles

(1)The class of a motor vehicle stated in schedule 1, part 1, column 2 is the class stated opposite the vehicle in schedule 1, part 1, column 1.

Note—

A motor vehicle that is a moped may also, under subsection (3), be of a class stated in schedule 1, part 2, column 1.

(2)The classes of motor vehicle stated in schedule 1, part 1, column 1 are stated in order of the lowest class to the highest class.

(3)The class of a motor vehicle stated in schedule 1, part 2, column 2 is the class stated opposite the vehicle in schedule 1, part 2, column 1.

(4)The classes of motor vehicle stated in schedule 1, part 2, column 1 are stated in order of the lowest class to the highest class.

(5)In this regulation, a reference to a motor vehicle of a class stated in schedule 1, part 1 or 2, column 1 is a reference to each motor vehicle stated opposite the class in schedule 1, part 1 or 2, column 2.

Example—

A reference in this regulation to a class MC motor vehicle is a reference to a B-double and a road train.

10   Foreign driver licences that are experienced driver recognition licences or recognised country licences

(1)A foreign driver licence issued under the law of an experienced driver recognition country is an experienced driver recognition licence.

(2)A foreign driver licence issued under the law of a recognised country is a recognised country licence.

(3)However, a foreign driver licence is not an experienced driver recognition licence or a recognised country licence if—

(a)the approval by Austroads of the country that issued the licence as an experienced driver recognition country, or a recognised country, states the approval applies only to—

(i)particular licences issued under the law of that country; or

(ii)licences issued under the law of that country that have been held by a person for a stated period; and

(b)the approval does not apply to the foreign driver licence.

11   Working out period driver licence has been held

(1)This section states, for this regulation, how to work out the period a person has held a class, category or type of driver licence.

(2)Generally, the period is the total of any periods the person has held a valid driver licence of that class, category or type.

(3)However, if the period is being worked out for a provision that refers to a length of time within which the person has held a driver licence of the class, category or type, the period is the total of any periods during the length of time the person has held a valid driver licence of that class, category or type.

Chapter 2    Driving under Queensland driver licences

Part 1    Preliminary

12   Purpose of chapter

This chapter—

(a)states when the holder of a Queensland driver licence is authorised to drive, or learn to drive, a motor vehicle on a road under the licence; and

(b)states restrictions that apply to the authority.

Part 2    Authority to drive and learn to drive motor vehicles

13   Authority to drive and learn to drive motor vehicles other than particular motorbikes

(1)The holder of a Queensland driver licence stated in column 1 of the following table is authorised under the licence to drive a motor vehicle stated in column 2 of the table, and to learn to drive a motor vehicle stated in column 3 of the table, opposite the licence—

Column 1 Queensland driver licence	Column 2 Drive	Column 3 Learn to drive
class C learner licence	—	class C motor vehicle, other than a specially constructed vehicle
class C P1 type licence, P2 type licence, P type licence or open licence	class C motor vehicle	class LR motor vehicle, class MR motor vehicle or class HR motor vehicle
class LR P1 type licence, P2 type licence, P type licence or open licence	class LR motor vehicle	class MR motor vehicle or class HR motor vehicle
class MR P1 type licence, P2 type licence, P type licence or open licence	class MR motor vehicle	class HR motor vehicle or class HC motor vehicle
class HR P1 type licence, P2 type licence, P type licence or open licence	class HR motor vehicle	class HC motor vehicle or class MC motor vehicle
class HC learner licence	—	class HC motor vehicle
class HC P1 type licence, P2 type licence, P type licence or open licence	class HC motor vehicle	class MC motor vehicle
class MC P1 type licence, P2 type licence, P type licence or open licence	class MC motor vehicle	—

(2)The holder of a Queensland driver licence who is authorised under subsection (1) to drive a motor vehicle under the licence is also authorised under the licence to drive a motor vehicle of a lower class.

Notes—

1For what is a lower class of motor vehicle, see section 9(2).

2For a learner licence granted to a person on the basis the person was eligible for the licence under section 173(2), see also section 174.

3For a class UD Queensland driver licence, see also section 402(10).

14   Authority to ride and learn to ride motorbikes

(1)The holder of a Queensland driver licence stated in column 1 of the following table is authorised under the licence to ride a motorbike stated in column 2 of the table, and to learn to ride a motorbike stated in column 3 of the table, opposite the licence—

Column 1 Queensland driver licence	Column 2 Ride	Column 3 Learn to ride
class RE learner licence	—	class RE motorbike
class RE P1 type licence, P2 type licence, P probationary licence or open licence	class RE motorbike	class R motorbike
class RE P restricted licence	class RE motorbike	—
class R P1 type licence, P2 type licence, P type licence or open licence	class RE motorbike or class R motorbike	—

(2)Despite subsection (1), the holder of a class RE P1 type licence, P2 type licence, P probationary licence or open licence (each a relevant class RE licence) is authorised under the licence to learn to ride a class R motorbike only if the holder has held a relevant class RE licence for a period of at least 2 years.

Note—

For a learner licence granted to a person on the basis the person was eligible for the licence under section 173(2), see also section 174.

15   Learning to drive motor vehicles with different transmission or gearbox

(1)This section applies to the holder of a Queensland driver licence if—

(a)the holder is, under section 13, authorised under the licence to drive, or learn to drive, a motor vehicle of a particular class; and

(b)the licence is subject to a condition that states the holder may only drive a motor vehicle with a particular type of transmission or gearbox.

(2)The holder is authorised under the Queensland driver licence to learn to drive a motor vehicle of the same class with another type of transmission or gearbox.

Example—

The holder of a class C open licence subject to a condition that the holder may only drive a motor vehicle with an automatic transmission is authorised under the licence to learn to drive a class C motor vehicle with a manual transmission.

16   Learning to ride motorbikes with different transmission

(1)This section applies to the holder of a Queensland driver licence if—

(a)the holder is, under section 14, authorised under the licence to ride, or learn to ride, a motorbike of a particular class; and

(b)the licence is subject to a condition that states the holder may only drive a motor vehicle with a particular type of transmission.

(2)The holder is authorised under the Queensland driver licence to learn to ride a motorbike of the same class with another type of transmission.

17   Learning to drive under returning driver certificates

(1)This section applies to the holder of a Queensland driver licence if—

(a)the licence has the code RD stated on it; and

(b)a returning driver certificate in effect for the holder states the holder may learn to drive a motor vehicle of a stated class.

(2)The holder is authorised under the Queensland driver licence to learn to drive a motor vehicle of the stated class, and any lower class of motor vehicle, but only if the holder carries the returning driver certificate while driving the vehicle.

(3)Despite section 13, if the holder is authorised, under section 13, to learn to drive a motor vehicle under the Queensland driver licence, the holder is authorised to learn to drive the motor vehicle only if the holder carries the returning driver certificate while driving the vehicle.

(4)Also, despite subsection (2), if the returning driver certificate states the holder may learn to drive a class C motor vehicle, the holder is not authorised to learn to drive a specially constructed vehicle.

18   Learning to ride under special need certificates

(1)This section applies to the holder of a class RE learner licence, provisional licence, probationary licence or open licence if—

(a)the holder is not authorised, under section 14, to learn to ride a class R motorbike under the licence; and

(b)a certificate under section 144(1)(b) in effect for the holder states the holder is authorised to learn to ride a class R motorbike under the licence.

(2)Despite section 14, the holder is authorised under the licence to learn to ride a class R motorbike but only if the holder carries the certificate while riding the motorbike.

19   No authority to learn to drive if relevant order in effect

This part does not authorise the holder of a Queensland driver licence to learn to drive a motor vehicle under the licence if a relevant order is in effect for the holder.

Chapter 3    Eligibility for Queensland driver licences

Part 1    Preliminary

20   When persons are eligible for Queensland driver licences

(1)A person is eligible for a Queensland driver licence only if the person is eligible for the licence under parts 2 to 5.

(2)However, a person is not eligible for a Queensland driver licence if the person is not eligible for the licence under section 176, 180 or 181.

(3)This section does not apply in relation to a restricted licence.

Note—

See sections 81 and 87 of the Actand part 8 for when a restricted licence must be issued.

Part 2    Eligibility requirements for class C and heavy vehicle class Queensland driver licences

Division 1 Preliminary

21   Application of part

(1)This part does not apply to a person if—

(a)the person is applying for a class HC Queensland driver licence and the chief executive has approved, under section 134, an application claiming the person has a special need for a class HC Queensland driver licence; or

Note—

For when a person to whom this paragraph applies is eligible for a class HC Queensland driver licence, see part 5, division 2.

(b)the person is applying for a Queensland driver licence as a returning driver under part 5, division 4.

(2)Also, if the chief executive approves, under section 129, an application in relation to a person’s special need for a class C learner licence—

(a)the person does not need to satisfy section 23(1)(a) to be eligible for a class C learner licence; and

(b)section 24 does not apply in relation to the person.

(3)Further, if the chief executive approves, under section 129, an application in relation to a person’s special need for a class C provisional licence, the person does not need to satisfy an age requirement, experience requirement or 6-month HPT requirement to be eligible for a class C provisional licence.

(4)In this section—

age requirement means a requirement under section 28(a).

experience requirement means a requirement under section 29(2)(b) or (c) or (3)(b) or 30(3)(b).

6-month HPT requirement means a requirement under section 53(3)(a).

22   References to P1 type licence, P2 type licence and P type licence

(1)In this part—

(a)a reference to a P1 type licence includes a non-Queensland driver licence that corresponds to a P1 type licence; and

(b)a reference to a P2 type licence includes a non-Queensland driver licence that corresponds to a P2 type licence; and

(c)a reference to a P type licence includes a non-Queensland driver licence that corresponds to a P type licence.

(2)Also, if the reference is to a P1 type licence, P2 type licence or P type licence of a stated class, the reference includes a non-Queensland driver licence that corresponds to a P1 type licence, P2 type licence or P type licence of the stated class.

Division 2 Class C learner licences

23   Eligibility requirements

(1)A person is eligible for a class C learner licence if the person—

(a)is at least 16 years; and

Note—

For a person in relation to whom an application claiming special need for a class C learner licence has been approved under section 129, see also section 21(2).

(b)passes a road rules test for the licence.

Note—

See also section 173.

(2)Subsection (1)(b) does not apply if the person is not required to pass a road rules test for the class C learner licence under section 182 or 183.

24   Minimum age for road rules tests

(1)A person may enrol in and take an online road rules test for a class C learner licence only if the person is at least 15 years and 11 months.

(2)A person may take a road rules test, other than an online road rules test, for a class C learner licence only if the person is at least 16 years.

Note—

For a person in relation to whom an application claiming special need for a class C learner licence has been approved under section 129, see also section 21(2).

Division 3 Class C and heavy vehicle class provisional licences, probationary licences and open licences

Subdivision 1 Preliminary

25   Application of division

This division applies in relation to the following class C, or heavy vehicle class, Queensland driver licences—

(a)a P1 provisional licence or P1 probationary licence;

(b)a P2 provisional licence or P2 probationary licence;

(c)a P probationary licence;

(d)an open licence.

26   Eligibility requirements

(1)A person is eligible for the Queensland driver licence if the person—

(a)is at least the minimum age stated for the licence in subdivision 2, 3 or 4; and

(b)satisfies, under subdivision 2, 3 or 4, the experience requirements for the licence; and

(c)passes each test and completes each course the person is required to pass or complete in relation to an application for the licence under subdivision 5.

(2)This section applies subject to section 66.

27   References to class C learner licence

In this division, a reference to a class C learner licence includes a non-Queensland driver licence that corresponds to a class C learner licence.

Subdivision 2 Provisional licences

28   Minimum ages

For section 26(1)(a), the minimum age for—

(a)a class C, or heavy vehicle class, P1 provisional licence is 17 years; and

Note—

For a person in relation to whom an application claiming special need for a class C provisional licence has been approved under section 129, see also section 21(3).

(b)a class C, or heavy vehicle class, P2 provisional licence is 18 years.

29   Experience requirements for class C P1 provisional licences—persons who hold class C learner licences

(1)For section 26(1)(b), a person satisfies the experience requirements for a class C P1 provisional licence if the person satisfies—

(a)for a person who is a young driver to whom part 3 applies—subsection (2); or

(b)otherwise—subsection (3).

(2)For subsection (1)(a), the person must—

(a)hold a class C learner licence; and

(b)if the person has satisfied the logbook requirements or the logbook requirements do not apply in relation to the person under section 78(3)—have held, within the period of 5 years before the person applies for the class C P1 provisional licence, a class C learner licence for a period of at least 1 year; and

(c)if the logbook requirements do not apply in relation to the person under section 83(1)(b)—have held, within the period of 5 years before the person applies for the class C P1 provisional licence, a class C learner licence for a period of at least 2 years; and

(d)be under 25 years when the person applies for the class C P1 provisional licence.

(3)For subsection (1)(b), the person must—

(a)hold a class C learner licence and a class RE or class R P1 provisional licence; and

(b)have held a class C learner licence for a period of at least 1 year within the period of 5 years before the person applies for the class C P1 provisional licence.

(4)In this section, a reference to a class RE or class R P1 provisional licence includes a non-Queensland driver licence that corresponds to a class RE or class R P1 provisional licence.

Notes—

1For a person in relation to whom an application claiming special need for a class C provisional licence has been approved under section 129, see also section 21(3).

2For alternative experience requirements for a class C P1 provisional licence, see section 32.

30   Experience requirements for class C P2 provisional licences—persons who hold class C P1 type licences or class C learner licences

(1)For section 26(1)(b), a person satisfies the experience requirements for a class C P2 provisional licence if the person satisfies subsection (2) or (3).

(2)For subsection (1), the person must—

(a)hold a class C P1 type licence; and

(b)have held a class C P1 type licence for a period of at least 1 year within the last 5 years; and

(c)have been first granted a class C P1 type licence when the person was under 24 years.

(3)Alternatively for subsection (1), the person must—

(a)hold a class C learner licence; and

(b)have held a class C learner licence for a period of at least 1 year within the period of 5 years before the person applies for the class C P2 provisional licence; and

Note—

For a person in relation to whom an application claiming special need for a class C provisional licence has been approved under section 129, see also section 21(3).

(c)either—

(i)be at least 25 years when the person applies for the class C P2 provisional licence; or

(ii)hold a class RE or class R P2 provisional licence.

(4)However, if the person holds a class C P1 probationary licence, or a non-Queensland driver licence that corresponds to a class C P1 probationary licence, the person does not satisfy subsection (2) if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

(5)In this section, a reference to a class RE or class R P2 provisional licence includes a non-Queensland driver licence that corresponds to a class RE or class R P2 provisional licence.

Note—

For alternative experience requirements for a class C P2 provisional licence, see sections 32 and 33.

31   Experience requirements for heavy vehicle class P2 provisional licences—persons who hold heavy vehicle class P1 type licences

(1)For section 26(1)(b), a person satisfies the experience requirements for a heavy vehicle class P2 provisional licence if the person—

(a)holds a heavy vehicle class P1 type licence of the same class as the P2 provisional licence; and

(b)has held the heavy vehicle class P1 type licence, and any other class C, or heavy vehicle class, P1 type licences, for a total period of at least 1 year within the last 5 years; and

(c)was first granted a class C P1 type licence when the person was under 24 years.

(2)However, if the person holds a heavy vehicle class P1 probationary licence, or a non-Queensland driver licence that corresponds to a heavy vehicle class P1 probationary licence, the person does not satisfy the experience requirements for a heavy vehicle class P2 provisional licence under subsection (1) if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

Note—

For alternative experience requirements for a heavy vehicle class P2 provisional licence, see sections 32 and 33.

32   Alternative experience requirements for class C and heavy vehicle class P1 and P2 provisional licences—persons who hold or have held provisional licences of same class and type

(1)For section 26(1)(b), a person satisfies the experience requirements for a class C, or heavy vehicle class, P1 or P2 provisional licence if the person—

(a)has held, within the period of 5 years before the person applies for the provisional licence, a provisional licence of the same class and type as the licence being applied for; or

(b)has held, within the period of 5 years before the person applies for the provisional licence, a non-Queensland driver licence that corresponds to a provisional licence of the class and type being applied for; or

(c)holds a non-Queensland driver licence that corresponds to a provisional licence of the class and type being applied for.

Example—

A person who, within the period of 5 years before applying for a class C P1 provisional licence, held a class C P1 provisional licence is eligible under paragraph (a) for another class C P1 provisional licence.

(2)However, the person does not satisfy subsection (1)(a) or (b) if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has not held a provisional licence, a non-Queensland driver licence that corresponds to a provisional licence or an O type licence since the person’s period of disqualification ended; and

(c)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

Note—

See also section 33 and subdivision 3.

33   Alternative experience requirements for class C and heavy vehicle class P2 provisional licences—persons who have held probationary licences for at least 1 year

(1)This section applies if a person—

(a)held a class C, or heavy vehicle class, P1 type licence or P2 type licence that was cancelled because the person was disqualified from holding or obtaining a driver licence; and

(b)has not held a provisional licence, a non-Queensland driver licence that corresponds to a provisional licence or an O type licence since the person’s period of disqualification ended.

(2)For section 26(1)(b), the person satisfies the experience requirements for a class C, or heavy vehicle class, P2 provisional licence if the person satisfies subsection (3) or (4).

(3)For subsection (2), the person must—

(a)hold a P2 probationary licence of the same class as the P2 provisional licence; and

(b)have held the P2 probationary licence, and any other probationary licences or non-Queensland driver licences that correspond to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

Example for subsection (3)—

A person who held a class C P2 provisional licence was disqualified from holding or obtaining a driver licence. Since the person’s period of disqualification ended, the person was granted a class C P2 probationary licence on the basis that the person was eligible for the licence under section 35. If the person has held the class C P2 probationary licence for a period of 1 year, the person satisfies subsection (3).

(4)Alternatively for subsection (2), the person must—

(a)have held, within the period of 5 years before the person applies for the P2 provisional licence, a P2 probationary licence of the same class as the P2 provisional licence; and

(b)have held the P2 probationary licence, and any other probationary licences or non-Queensland driver licences that correspond to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

(5)In this section, a reference to a P2 probationary licence of a stated class includes a non-Queensland driver licence that corresponds to a P2 probationary licence of the stated class.

Subdivision 3 Probationary licences

34   Minimum ages

For section 26(1)(a), the minimum age for—

(a)a class C, or heavy vehicle class, P1 probationary licence is 17 years; and

(b)a class C, or heavy vehicle class, P2 probationary licence is 18 years.

35   Experience requirements for class C and heavy vehicle class probationary licences after cancellation of provisional licences and probationary licences

(1)This section applies if—

(a)a person applies for a class C, or heavy vehicle class, probationary licence; and

(b)the person has held, within the period of 5 years before the person applies for the licence, a class C, or heavy vehicle class, provisional licence or probationary licence that was cancelled because the person was disqualified from holding or obtaining a driver licence (the cancelled licence); and

(c)the person’s period of disqualification has ended; and

(d)the person has not held a class C, or heavy vehicle class, provisional licence, probationary licence or O type licence since the person’s period of disqualification ended.

(2)For section 26(1)(b), the person satisfies the experience requirements for a class C, or heavy vehicle class, probationary licence that is—

(a)if the cancelled licence was a Queensland driver licence—of the same class and type as the cancelled licence; or

(b)if the cancelled licence was a non-Queensland driver licence—of a class and type that corresponds to the cancelled licence.

(3)In subsection (1)(b) and (d)—

(a)a reference to a class C, or heavy vehicle class, provisional licence includes a non-Queensland driver licence that corresponds to a class C, or heavy vehicle class, provisional licence; and

(b)a reference to a class C, or heavy vehicle class, probationary licence includes a non-Queensland driver licence that corresponds to a class C, or heavy vehicle class, probationary licence.

36   Experience requirements for class C and heavy vehicle class P probationary licences after cancellation of O type licences

(1)This section applies if—

(a)a person applies for a class C, or heavy vehicle class, probationary licence; and

(b)the person has held, within the period of 5 years before the person applies for the licence, a class C, or heavy vehicle class, O type licence that was cancelled because the person was disqualified from holding or obtaining a driver licence (the cancelled licence); and

(c)the person’s period of disqualification has ended; and

(d)the person has not held a class C, or heavy vehicle class, provisional licence, probationary licence or O type licence since the person’s period of disqualification ended.

(2)For section 26(1)(b), the person satisfies the experience requirements for a class C, or heavy vehicle class, P probationary licence of the same class as the cancelled licence.

(3)In subsection (1)(d)—

(a)a reference to a class C, or heavy vehicle class, provisional licence includes a non-Queensland driver licence that corresponds to a class C, or heavy vehicle class, provisional licence; and

(b)a reference to a class C, or heavy vehicle class, probationary licence includes a non-Queensland driver licence that corresponds to a class C, or heavy vehicle class, probationary licence.

37   Experience requirements for class C P1 probationary licences—persons who hold class C learner licences and class RE or class R P1 probationary licences

(1)For section 26(1)(b), a person satisfies the experience requirements for a class C P1 probationary licence if the person—

(a)holds a class C learner licence and a class RE or class R P1 probationary licence; and

(b)has held a class C learner licence for a period of at least 1 year within the period of 5 years before the person applies for the class C P1 probationary licence.

(2)In this section, a reference to a class RE or class R P1 probationary licence includes a non-Queensland driver licence that corresponds to a class RE or class R P1 probationary licence.

Note—

For alternative experience requirements for a class C P1 probationary licence, see section 41.

38   Experience requirements for class C P2 probationary licences—persons who hold class C P1 probationary licences or learner licences

(1)For section 26(1)(b), a person satisfies the experience requirements for a class C P2 probationary licence if the person satisfies subsection (2) or (3).

(2)For subsection (1), the person must—

(a)hold a class C P1 probationary licence; and

(b)have held the class C P1 probationary licence, and any other class C, or heavy vehicle class, P1 type licences, for a total period of at least 1 year within the last 5 years; and

(c)have been first granted a class C P1 type licence when the person was under 24 years.

(3)Alternatively for subsection (1), the person must—

(a)hold a class C learner licence and a class RE or class R P2 probationary licence; and

(b)have held a class C learner licence for a period of at least 1 year within the period of 5 years before the person applies for the class C P2 probationary licence.

(4)In this section—

(a)a reference to a class C P1 probationary licence includes a non-Queensland driver licence that corresponds to a class C P1 probationary licence; and

(b)a reference to a class RE or class R P2 probationary licence includes a non-Queensland driver licence that corresponds to a class RE or class R P2 probationary licence.

Note—

For alternative experience requirements for a class C P2 probationary licence, see section 41.

39   Experience requirements for heavy vehicle class P2 probationary licences—persons who hold heavy vehicle class P1 probationary licences

(1)For section 26(1)(b), a person satisfies the experience requirements for a heavy vehicle class P2 probationary licence if the person—

(a)holds a heavy vehicle class P1 probationary licence of the same class as the P2 probationary licence; and

(b)has held the heavy vehicle class P1 probationary licence, and any other class C, or heavy vehicle class, P1 type licences, for a total period of at least 1 year within the last 5 years; and

(c)was first granted a class C P1 type licence when the person was under 24 years.

(2)In this section, a reference to a heavy vehicle class P1 probationary licence includes a non-Queensland driver licence that corresponds to a heavy vehicle class P1 probationary licence.

Note—

For alternative experience requirements for a heavy vehicle class P2 probationary licence, see section 41.

40   Experience requirements for class C P probationary licences—persons who hold learner licences and class RE or class R P probationary licences

(1)For section 26(1)(b), a person satisfies the experience requirements for a class C P probationary licence if the person—

(a)holds a class C learner licence and a class RE or class R P probationary licence; and

(b)has held a class C learner licence for a period of at least 1 year within the period of 5 years before the person applies for the class C P probationary licence.

(2)In this section, a reference to a class RE or class R P probationary licence includes a non-Queensland driver licence that corresponds to a class RE or class R P probationary licence.

Note—

For alternative experience requirements for a class C P probationary licence, see section 41.

41   Alternative experience requirements for class C and heavy vehicle class probationary licences—persons who hold or have held probationary licences of same class and type

For section 26(1)(b), a person satisfies the experience requirements for a class C, or heavy vehicle class, probationary licence if the person—

(a)has held, within the period of 5 years before the person applies for the probationary licence, a probationary licence of the same class and type as the licence being applied for; or

(b)holds or has held, within the period of 5 years before the person applies for the probationary licence, a non-Queensland driver licence that corresponds to a probationary licence of the class and type being applied for.

Subdivision 4 Open licences

42   Application of subdivision

This subdivision applies in relation to a class C, or heavy vehicle class, open licence.

43   Minimum age

For section 26(1)(a), the minimum age for the open licence is 20 years.

44   Experience requirements

For section 26(1)(b), a person satisfies the experience requirements for the open licence if the person satisfies 1 or more of sections 45 to 52.

45   Persons who hold P1 type licences

(1)For section 44, the person must—

(a)hold a P1 type licence of the same class as the open licence; and

(b)have held the P1 type licence, and any other class C, or heavy vehicle class, P1 type licences, for a total period of at least 1 year within the last 5 years; and

(c)have been first granted a class C P1 type licence when the person was at least 24 years but under 25 years.

(2)However, if the person holds a class C, or heavy vehicle class, P1 probationary licence, or a non-Queensland driver licence that corresponds to a class C, or heavy vehicle class, P1 probationary licence, the person does not satisfy subsection (1) if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

46   Persons who hold P2 type licences—generally

(1)For section 44, the person must—

(a)hold a P2 type licence of the same class as the open licence; and

(b)have held the P2 type licence, and any other class C, or heavy vehicle class, P2 type licences, for a total period of at least the following within the last 5 years—

(i)if the person was first granted a class C P1 type licence when the person was under 23 years and a class C P2 type licence when the person was under 25 years—2 years;

(ii)otherwise—1 year.

(2)This section does not apply to a person to whom section 47 applies.

47   Persons who hold P2 type licences if earlier P2 type licence cancelled

(1)This section applies to a person who has held, within the last 5 years, a class C, or heavy vehicle class, P2 type licence that was cancelled because the person was disqualified from holding or obtaining a driver licence (the cancelled licence).

(2)For section 44, the person must—

(a)hold a P2 type licence of the same class as the open licence; and

(b)have held the P2 type licence, and any other class C, or heavy vehicle class, P2 type licences granted since the person’s period of disqualification ended, for a total period of at least—

(i)if the person was first granted a class C P1 type licence when the person was under 23 years and a class C P2 type licence when the person was under 25 years—the period mentioned in subsection (3); or

(ii)otherwise—1 year.

(3)For subsection (2)(b)(i), the period is the longer of the following—

(a)2 years less the period the person held the cancelled licence, and the period the person held any other class C, or heavy vehicle class, P2 type licences before the person was disqualified;

(b)1 year.

48   Persons who hold P probationary licences or have held P restricted licences if earlier P type licences or O type licences cancelled

(1)This section applies to a person who has held a class C, or heavy vehicle class, P type licence or O type licence that was cancelled because the person was disqualified from holding or obtaining a driver licence (the cancelled licence).

(2)For section 44, the person must—

(a)either—

(i)hold a P probationary licence of the same class as the open licence; or

(ii)have held, since the cancellation of the cancelled licence and within the last 5 years, a P restricted licence of the same class as the open licence; and

(b)have held, since the cancellation of the cancelled licence and within the last 5 years, the P probationary licence or P restricted licence, and any other P type licences, for a total period of at least 1 year.

(3)In subsection (2)—

(a)a reference to a P probationary licence of a stated class includes a non-Queensland driver licence that corresponds to a P probationary licence of the stated class; and

(b)a reference to a P restricted licence of a stated class includes a non-Queensland driver licence that corresponds to a P restricted licence of the stated class.

49   Persons who hold P1 type licences and were granted P1 type licences as returning drivers

(1)For section 44, the person must—

(a)hold a P1 type licence of the same class as the open licence; and

(b)have held the P1 type licence, and any other class C, or heavy vehicle class, P1 type licences, for a total period of at least 1 year within the last 5 years; and

(c)have been granted, when the person was at least 25 years, a class C, or heavy vehicle class, P1 type licence, in relation to an application as a returning driver, on the basis that the person was eligible for the licence under section 171(3).

(2)However, if the person holds a class C, or heavy vehicle class, P1 probationary licence, or a non-Queensland driver licence that corresponds to a class C, or heavy vehicle class, P1 probationary licence, the person does not satisfy subsection (1) if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

50   Persons who hold P1 type licences or P2 type licences granted as returning drivers and eligible for class RE or class R open licences

For section 44, the person must—

(a)hold a P1 type licence, or P2 type licence, of the same class as the open licence; and

(b)have been granted the P1 type licence, or P2 type licence, in relation to an application as a returning driver, on the basis that the person was eligible for the licence under section 171(7); and

(c)be eligible for a class RE or class R open licence.

51   Persons who hold class C learner licences and class RE or class R O type licences

(1)This section applies in relation to a class C open licence.

(2)For section 44, the person must—

(a)hold a class C learner licence and a class RE or class R O type licence; and

(b)have held a class C learner licence for a period of at least 1 year within the period of 5 years before the person applies for the class C open licence.

52   Recognition of past licences and non-Queensland driver licences

(1)For section 44, the person must—

(a)have held, within the period of 5 years before the person applies for the open licence, an O type licence of the same class as the licence being applied for; or

(b)hold a non-Queensland driver licence that corresponds to an open licence of the class being applied for.

(2)However, the person does not satisfy subsection (1)(a) if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has not held an O type licence since the person’s period of disqualification ended; and

(c)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

Subdivision 5 Tests

53   Testing requirements for class C learner licence holders

(1)This section applies to a person who—

(a)applies for a class C Queensland driver licence mentioned in section 25; and

(b)holds a class C learner licence.

(2)For section 26(1)(c), the person must pass—

(a)a hazard perception test for a class C motor vehicle; and

(b)a practical driving test in a class C motor vehicle, unless the person is not required to pass a practical driving test for the class C Queensland driver licence under section 184, 185 or 186.

Note—

For when a young driver to whom part 3 applies may take a practical driving test in relation to an application for a class C P1 provisional licence, see also section 84.

(3)The hazard perception test must be taken—

(a)after the person has held the class C learner licence for a period of at least 6 months; and

Note—

For a person in relation to whom an application claiming special need for a class C provisional licence has been approved under section 129, see also section 21(3).

(b)either—

(i)before the person takes the practical driving test; or

(ii)if the person is not required to pass a practical driving test for the class C Queensland driver licence—before the person applies for the licence.

54   Testing requirements for foreign driver licence holders

(1)This section applies to a person who—

(a)applies for a class C, or heavy vehicle class, Queensland driver licence mentioned in section 25; and

(b)holds or has held, within the period of 5 years before the person applies for the Queensland driver licence, a foreign driver licence of a class or kind (however described) that corresponds to the class of the Queensland driver licence applied for.

(2)For section 26(1)(c), the person must—

(a)pass each road rules test for the Queensland driver licence, unless the person is not required to pass a road rules test for the licence under section 182 or 183; and

(b)either—

(i)for a class C, LR, MR, HR or HC Queensland driver licence—pass a practical driving test in a motor vehicle of a class that corresponds to the class of the licence; or

(ii)for a class MC Queensland driver licence—successfully complete a training course, in driving a class MC motor vehicle, approved by the chief executive.

(3)Subsection (2)(b) applies subject to sections 184 to 187.

Division 4 Eligibility for new class of particular Queensland driver licences

Subdivision 1 Preliminary

55   Purpose of division

This division states when a person is eligible for—

(a)a heavy vehicle class Queensland driver licence that is of a higher class than the driver licence the person holds (a higher class licence); or

(b)a class C, or heavy vehicle class, Queensland driver licence that is of a lower class than the driver licence the person holds or has held (a lower class licence).

56   Eligibility requirements

(1)A person is eligible for a higher class licence if the person—

(a)satisfies, under section 57, the experience requirements for the licence; and

(b)complies with section 58.

(2)A person is eligible for a lower class licence if the person—

(a)satisfies, under section 61, the experience requirements for the licence; and

(b)passes each test the person is required to pass for the licence under section 62.

(3)This section applies subject to sections 59, 60, 63 and 64.

Subdivision 2 Higher class licences

57   Experience requirements for higher class licences

(1)For section 56(1)(a), a person satisfies the experience requirements for a higher class licence stated in column 3 of the following table if the person—

(a)holds a class C, or heavy vehicle class, provisional licence, probationary licence or O type licence; and

(b)has held, within the period of 5 years before the person applies for the higher class licence, a provisional licence, probationary licence or O type licence—

(i)of the qualifying class stated in column 1 opposite the higher class licence; and

(ii)for a total period of at least the period stated in column 2 opposite the higher class licence.

Column 1 Qualifying class	Column 2 Minimum period	Column 3 Higher class licence
class C	1 year	class LR Queensland driver licence
class C	1 year	class MR Queensland driver licence
class C	2 years	class HR Queensland driver licence
class LR or class MR	1 year	class HR Queensland driver licence
class MR or class HR	1 year	class HC Queensland driver licence
class HR or class HC	1 year	class MC Queensland driver licence

(2)If more than 1 qualifying class is stated in column 1 opposite a higher class licence, the person satisfies subsection (1)(b) if the person has held, within the period of 5 years before the person applies for the higher class licence and for a total period of at least the period stated in column 2 opposite the higher class licence—

(a)a driver licence mentioned in the subsection of either qualifying class; or

(b)driver licences mentioned in the subsection of each qualifying class.

(3)In this section—

(a)a reference to a provisional licence of a stated class includes a non-Queensland driver licence that corresponds to a provisional licence of the stated class; and

(b)a reference to a probationary licence of a stated class includes a non-Queensland driver licence that corresponds to a probationary licence of the stated class.

58   Tests for higher class licences

(1)For section 56(1)(b), a person who applies for a higher class licence must—

(a)pass each road rules test for the licence, unless the person is not required to pass a road rules test for the licence under section 182; and

(b)either—

(i)if the higher class licence is a class LR, MR, HR or HC Queensland driver licence—pass a practical driving test in a motor vehicle of a class that corresponds to the class of the licence; or

(ii)if the higher class licence is a class MC Queensland driver licence—comply with subsection (2).

(2)For subsection (1)(b)(ii), the person must—

(a)successfully complete a training course, in driving a class MC motor vehicle, approved by the chief executive; or

(b)if the person holds a class HC licence—produce a declaration, in the approved form, confirming the person’s ability to drive a B-double or road train.

(3)Subsection (1)(b) applies subject to sections 184, 185 and 187.

(4)In this section—

class HC licence means—

(a)a class HC Queensland driver licence; or

(b)an interstate driver licence that corresponds to a class HC Queensland driver licence.

59   Categories and types of higher class licences for Queensland driver licence holders

(1)This section applies if a person holds a class C, or heavy vehicle class, Queensland driver licence (the current licence) and is eligible for a higher class licence under this division.

(2)The person is eligible for a higher class licence that is the same category and type as the current licence.

60   Categories and types of higher class licences for non-Queensland driver licence holders

(1)This section applies if a person—

(a)holds a non-Queensland driver licence that corresponds to a class C, or heavy vehicle class, Queensland driver licence (the current licence); and

(b)is eligible for a higher class licence under this division.

(2)The person is eligible for a higher class licence that is of a category and type that corresponds to the current licence, but only if the person is at least the minimum age stated for the higher class licence in division 3, subdivision 2, 3 or 4.

Subdivision 3 Lower class licences

61   Experience requirements for lower class licences

(1)For section 56(2)(a), a person satisfies the experience requirements for a lower class licence if the person holds or has held, within the period of 5 years before the person applies for the lower class licence, a relevant driver licence that is of a higher class than the lower class licence.

(2)For subsection (1), a relevant driver licence that is a non-Queensland driver licence is of a higher class than a lower class licence if the non-Queensland driver licence corresponds to a Queensland driver licence of a class that is higher than the class of the lower class licence.

Example—

A non-Queensland driver licence that corresponds to a class LR Queensland driver licence is of a higher class than a lower class licence that is a class C Queensland driver licence.

(3)In this section—

relevant driver licence means—

(a)a heavy vehicle class provisional licence, probationary licence or open licence; or

(b)a non-Queensland driver licence that corresponds to a heavy vehicle class Queensland driver licence mentioned in paragraph (a).

62   Tests for lower class licences—foreign driver licence holders

(1)This section applies to a person who applies for a lower class licence if the person—

(a)holds a foreign driver licence; or

(b)has held a foreign driver licence within the period of 5 years before the person applies for the lower class licence.

(2)For section 56(2)(b), the person must pass—

(a)each road rules test for the lower class licence, unless the person is not required to pass a road rules test for the licence under section 182 or 183; and

(b)a practical driving test in a motor vehicle of a class that corresponds to the class of the lower class licence.

(3)Subsection (2)(b) applies subject to sections 184 to 187.

63   Categories and types of lower class licences for current and past Queensland driver licence holders

(1)This section applies to a person who applies for a lower class licence if the person—

(a)holds a heavy vehicle class Queensland driver licence (the current licence), or has held a heavy vehicle class Queensland driver licence (the previous licence) within the period of 5 years before the person applies for the lower class licence; and

(b)is eligible for the lower class licence under this division.

(2)The person is eligible for a lower class licence that is the same category and type as the current licence or previous licence.

(3)Subsection (4) applies if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has not held a provisional licence, a non-Queensland driver licence that corresponds to a provisional licence or an O type licence since the person’s period of disqualification ended; and

(c)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

(4)Despite subsection (2)—

(a)the only category of Queensland driver licence the person is eligible for is a probationary licence; and

(b)if the person’s previous licence was an open licence—the person is eligible for a P probationary licence only.

64   Categories and types of lower class licences for current and past non-Queensland driver licence holders

(1)This section applies to a person who applies for a lower class licence if the person—

(a)either—

(i)holds a non-Queensland driver licence that corresponds to a heavy vehicle class Queensland driver licence (the current licence); or

(ii)has held, within the period of 5 years before the person applies for the lower class licence, a non-Queensland driver licence that corresponds to a heavy vehicle class Queensland driver licence (the previous licence); and

(b)is eligible for the lower class licence under this division.

(2)The person is eligible for a lower class licence that is of a category and type that corresponds to the current licence or previous licence, but only if the person is at least the minimum age stated for the lower class licence in division 3, subdivision 2, 3 or 4.

(3)Subsection (4) applies if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has not held a provisional licence, a non-Queensland driver licence that corresponds to a provisional licence or an O type licence since the person’s period of disqualification ended; and

(c)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

(4)Despite subsection (2)—

(a)the only category of Queensland driver licence the person is eligible for is a probationary licence; and

(b)if the person’s previous licence was an O type licence—the person is eligible for a P probationary licence only.

Part 3    Additional eligibility requirements for class C P1 provisional licences for young drivers

Division 1 Preliminary

65   Application and purpose of part

(1)This part applies in relation to a person (a young driver) who—

(a)is under 25 years; and

(b)holds a class C learner licence; and

(c)does not hold a relevant class RE licence or relevant class R licence.

(2)However, this part does not apply in relation to a person applying for a Queensland driver licence as a returning driver under part 5, division 4.

(3)The purpose of this part is to state eligibility requirements for young drivers for class C P1 provisional licences that are in addition to the eligibility requirements stated in part 2.

(4)In this section—

class C learner licence includes a non-Queensland driver licence that corresponds to a class C learner licence.

relevant class RE licence means—

(a)a class RE P1 type licence, P2 type licence, P type licence or open licence; or

(b)a non-Queensland driver licence that corresponds to a Queensland driver licence mentioned in paragraph (a).

relevant class R licence means—

(a)a class R P1 type licence, P2 type licence, P type licence or open licence; or

(b)a non-Queensland driver licence that corresponds to a Queensland driver licence mentioned in paragraph (a).

Division 2 Logbook requirements and logbook entries

66   Logbook requirements

(1)A young driver is eligible for a class C P1 provisional licence only if the following apply—

(a)the young driver completes 100 hours of supervised driving in a car on a road in Australia;

(b)at least 10 hours of the supervised driving is at night;

(c)the young driver records details of the supervised driving in a logbook;

(d)the details recorded in the logbook are verified by a supervisor under section 68(1);

(e)the chief executive approves the young driver’s completed logbook under section 70.

(2)For subsection (1)(a), the hours of supervised driving must be completed while the young driver holds a class C learner licence.

Note—

For credit for driving while the young driver held an interstate licence, New Zealand licence or recognised country licence, see division 4.

(3)In calculating, for subsection (1)(a), the number of hours of supervised driving completed by the young driver, each hour or part of an hour, up to 10 hours, of supervised driving in a car on a road in Australia that is supervised by a driver trainer is to be multiplied by 3.

Examples—

1A young driver completes 7.5 hours of supervised driving in a car on a road in Australia that is supervised by a driver trainer. In calculating, for subsection (1)(a), the number of hours of supervised driving completed by the young driver, the 7.5 hours is to be multiplied by 3 to equal 22.5 hours of supervised driving.

2A young driver completes 11 hours of supervised driving in a car on a road in Australia that is supervised by a driver trainer. In calculating, for subsection (1)(a), the number of hours of supervised driving completed by the young driver, 10 of the 11 hours is to be multiplied by 3 to equal 30 hours of supervised driving.

Note—

See also section 76(4).

(4)Subsection (1)(b) does not apply if the young driver has given a notice to the chief executive under section 177 or 178 about a mental or physical incapacity that is likely to adversely affect the young driver’s ability to drive safely at night.

(5)This section applies subject to sections 78(2) and (3), 83(1)(b) and section 175(3)(a).

67   Logbooks made available by chief executive

(1)The chief executive must make a logbook in paper form available for use by a young driver when the chief executive—

(a)grants the young driver a class C learner licence; and

(b)if the chief executive renews the young driver’s class C learner licence—renews the licence.

(2)No fee is payable for a logbook made available under subsection (1).

(3)Also, the chief executive may make a logbook in paper form available for use by any person, whether or not the person is a young driver, if the chief executive considers it appropriate to do so.

(4)A logbook made available under this section remains the property of the State even if a fee is paid for making the logbook available for use.

(5)If a young driver’s logbook is not a logbook made available under this section, the logbook becomes the property of the State when the logbook is given to the chief executive for approval as a completed logbook under section 69.

68   Verification of logbook entries

(1)A young driver must ensure the supervisor of the young driver for a driving session—

(a)checks the correctness of details recorded in the young driver’s logbook (a logbook entry) for the driving session; and

(b)verifies the logbook entry for the driving session in the required way.

(2)A supervisor for a young driver’s driving session must not verify, in the required way, a logbook entry for the driving session if the supervisor knows the entry is false or misleading in a material particular.

Maximum penalty—60 penalty units.

(3)A person must not verify, in the required way, a logbook entry in a young driver’s logbook unless the person was the young driver’s supervisor for a driving session and the entry is about the driving session.

Maximum penalty—60 penalty units.

(4)In this section—

driving session means a single occasion of supervised driving in a car on a road.

required way, for verifying a logbook entry, means—

(a)for a logbook entry in paper form—by signing the entry; or

(b)for a logbook entry in an electronic system—by using a method that identifies the person verifying the entry and indicates the person’s approval of the entry.

Division 3 Approval of completed logbooks

69   Applications for approval of completed logbooks

(1)A young driver may apply to the chief executive for approval of the young driver’s completed logbook.

Note—

See chapter 14, part 1 for requirements about the application.

(2)A logbook is a completed logbook if—

(a)the young driver has completed and signed the declaration about the contents of the logbook that forms part of the logbook; and

(b)for a logbook other than a logbook in which details have been wholly recorded and verified, as required under section 68(1), by using an electronic system—all of the pages of the logbook are in hard copy and attached together.

70   Deciding applications

(1)The chief executive must decide to approve, or refuse to approve, the completed logbook.

(2)The chief executive may approve the completed logbook only if satisfied the requirements under section 66(1)(a) to (d) that apply to the young driver have been satisfied by the young driver.

(3)Without limiting subsection (1), the chief executive may refuse to approve the completed logbook if the chief executive believes the completed logbook is false or misleading in a material particular.

(4)Subsection (1) does not apply if the application for the completed logbook is cancelled under section 383(4).

71   Decisions to approve or refuse to approve completed logbooks

(1)If the chief executive approves the completed logbook, the chief executive must give the young driver written notice of the decision.

(2)If the chief executive refuses to approve the completed logbook, the chief executive must give the young driver an information notice for the decision.

(3)If the refusal is on a ground mentioned in section 70(3), the information notice for the decision must state the reasons the chief executive believes the logbook is false or misleading in a material particular.

72   When completed logbooks taken to have been approved

(1)The chief executive is taken to have approved a completed logbook if the chief executive does not decide the application for the logbook within—

(a)if further information or documents are requested under section 383(1)—28 days after the day the chief executive receives the information or documents; or

(b)otherwise—28 days after the day the chief executive receives the application.

(2)This section does not apply if the application for the completed logbook is cancelled under section 383(4).

Division 4 Credit for other supervised driving

73   Application of division

This division applies to a young driver who holds or has held—

(a)an interstate licence that corresponds to a class C learner licence; or

(b)a New Zealand licence that corresponds to a class C learner licence; or

(c)a recognised country licence that corresponds to a class C learner licence.

74   Applications for credit for other supervised driving

(1)A young driver mentioned in section 73(a) or (b) may apply to the chief executive for credit for up to 100 hours of supervised driving in a car on a road in Australia or New Zealand completed by the driver while the driver held the interstate licence or New Zealand licence.

Note—

See section 75 and chapter 14, part 1 for requirements about the application.

(2)A young driver mentioned in section 73(c) may apply to the chief executive for credit for up to 50 hours of supervised driving in a car on a road in a recognised country completed by the driver while the driver held the recognised country licence.

Note—

See section 75 and chapter 14, part 1 for requirements about the application.

75   Requirements for applications

(1)An application under section 74 must be accompanied by documentary evidence of the hours of supervised driving for which the applicant is applying for credit.

Examples of documentary evidence—

•a document that records information similar to the information required to be recorded in a logbook

•receipts or correspondence from a driver trainer, as defined under section 76(5), or a driver training school

(2)If the applicant has also completed hours of supervised driving for section 66(1)(a) that is recorded in a logbook, the applicant must make the application under section 74 and the application under section 69 for approval of the completed logbook at the same time.

76   When additional credit for supervision by driver trainers may be applied for

(1)This section applies to the extent the application under section 74 is for credit for supervised driving that was supervised by a driver trainer.

(2)For each hour or part of an hour, up to 10 hours, of supervised driving that was supervised by a driver trainer, the applicant may apply for credit for 3 times that amount of supervised driving.

Examples—

1A young driver who holds a New Zealand licence has undertaken 7.5 hours of supervised driving, in a car on a road in New Zealand, that was supervised by a driver trainer. The young driver may apply for credit for 22.5 hours of supervised driving.

2A young driver who holds a New Zealand licence has undertaken 11 hours of supervised driving, in a car on a road in New Zealand, that was supervised by a driver trainer. The young driver may apply for credit for 30 hours of supervised driving.

(3)Subsection (4) applies if—

(a)section 66(3) applies in relation to other supervised driving, that is supervised by a driver trainer, completed by the applicant for section 66(1)(a) and recorded in the applicant’s logbook; and

(b)the total number of hours of supervised driving, that is supervised by a driver trainer, mentioned in paragraph (a) and that is the subject of the application under section 74 is more than 10 hours.

(4)Despite subsection (2) and section 66(3), the total number of hours of supervised driving that may be multiplied by 3 under subsection (2) and section 66(3) is 10 hours.

Example—

While holding an interstate licence, a young driver completes 8 hours of supervised driving in a car on a road in Australia that was supervised by a driver trainer. While holding a class C learner licence, the young driver then completes an additional 4 hours of supervised driving in a car on a road in Australia that was supervised by a driver trainer. The total number of hours of supervised driving that was supervised by a driver trainer is 12 hours. The young driver may apply under subsection (2) for credit for 24 hours of supervised driving. Two of the 4 hours of supervised driving under the class C learner licence may then be multiplied by 3 under section 66(3) to equal 6 hours of supervised driving for section 66(1)(a).

(5)In this section—

driver trainer includes a person accredited (however described) under a law of another country that provides for accrediting persons as trainers of drivers.

77   Deciding applications

(1)The chief executive must decide to—

(a)approve the application, in whole or in part; or

(b)refuse to approve the application.

(2)Without limiting subsection (1), the chief executive may refuse to approve the application if the chief executive believes a document provided by the applicant to the chief executive in relation to the application is false or misleading in a material particular.

(3)This section does not apply if the application is cancelled under section 383(4).

78   Decisions to approve applications

(1)If the chief executive decides to approve the application, in whole or in part, the chief executive must give the applicant a written notice stating—

(a)the number of hours of supervised driving the applicant receives credit for; and

(b)the number of hours of supervised driving at night the applicant receives credit for.

(2)A young driver who receives a notice under subsection (1) must complete the following hours of supervised driving under section 66(1)(a) and (b)—

(a)100 hours of supervised driving less the number of hours of supervised driving the young driver has received credit for under subsection (1)(a);

Examples—

1A young driver who receives, under subsection (1)(a), credit for 20 hours of supervised driving must complete 80 hours of supervised driving under section 66(1)(a).

2A young driver who receives, under subsection (1)(a), credit for 100 hours of supervised driving does not need to complete any hours of supervised driving under section 66(1)(a).

(b)10 hours of supervised driving at night less the number of hours of supervised driving at night the young driver has received credit for under subsection (1)(b).

(3)If, under subsection (2), a young driver is not required to complete any hours of supervised driving under section 66(1)(a) and (b), the logbook requirements do not apply in relation to the young driver.

79   Decisions to refuse to approve applications

(1)If the chief executive decides to refuse to approve any part of the application, the chief executive must give the applicant an information notice for the decision.

(2)If the refusal is on a ground mentioned in section 77(2), the information notice for the decision must state the reasons the chief executive believes a document provided by the applicant to the chief executive in relation to the application is false or misleading in a material particular.

80   When applications taken to have been approved

(1)The chief executive is taken to have decided to approve the whole of the application if the chief executive does not decide the application within—

(a)if further information or documents are requested under section 383(1)—28 days after the day the chief executive receives the information or documents; or

(b)otherwise—28 days after the day the chief executive receives the application.

(2)This section does not apply if the application is cancelled under section 383(4).

Division 5 Exemptions from logbook requirements

81   Applications for exemptions from logbook requirements

A young driver may apply to the chief executive for an exemption from the logbook requirements.

Note—

See chapter 14, part 1 for requirements about the application.

82   Deciding applications for exemptions

(1)T he chief executive must deal with the application in a timely way and decide to give, or refuse to give, the exemption.

(2)The chief executive may give the exemption only if satisfied—

(a)either or both of the following is not reasonably available to the applicant to satisfy the requirement under section 66(1)(a)—

(i)a car to drive on a road in Australia;

(ii)a person to be a supervisor of the young driver; or

(b)the following applies—

(i)the applicant lives in an area with a limited road network;

Example of an area with a limited road network—

an island with a single road around the island

(ii)there is no significant benefit for the applicant to satisfy the logbook requirements by driving a car on the road network;

(iii)there is no reasonable likelihood of the applicant moving from the area or having an opportunity to drive a car in an area with a diverse road network.

(3)In deciding whether to give the exemption, the chief executive must also consider the applicant’s traffic history.

(4)Subsection (1) does not apply if the application is cancelled under section 383(4).

83   Decisions to give or refuse to give exemptions

(1)If the chief executive decides to give the exemption—

(a)the chief executive must give the applicant written notice of the decision; and

(b)the logbook requirements do not apply in relation to the applicant.

(2)If the chief executive decides to refuse to give the exemption, the chief executive must give the applicant an information notice for the decision.

Division 6 Practical driving tests in relation to applications for class C P1 provisional licences

84   When practical driving tests in relation to applications for class C P1 provisional licences may be taken

(1)A young driver may take a practical driving test required under section 53(2)(b) in relation to an application for a class C P1 provisional licence only after—

(a)the young driver satisfies the logbook requirements; or

(b)if the logbook requirements do not apply in relation to the young driver under section 78(3)—the chief executive gives the young driver a notice under section 78(1); or

(c)the chief executive decides to give the young driver an exemption from the logbook requirements under section 82.

(2)However, the young driver must not take the practical driving test within 6 weeks after satisfying the logbook requirements if—

(a)the chief executive at any time—

(i)refused, under section 70, to approve a completed logbook of the young driver because the chief executive believed the logbook was false or misleading in a material particular; or

(ii)refused, under section 77, to approve any part of an application made by the young driver because the chief executive believed a document provided by the young driver to the chief executive in relation to the application was false or misleading in a material particular; and

(b)the decision has not been set aside by the chief executive under section 388 or by QCAT or a court.

(3)Subsection (2) does not apply if the young driver is convicted of an offence under section 53(2) of the Actin relation to giving the chief executive—

(a)a completed logbook under section 69; or

(b)a document under section 75(1); or

(c)information or a document under section 383 relating to an application under section 69 or 74.

Note—

See also section 175(3).

Part 4    Eligibility requirements for class RE and class R Queensland driver licences

Division 1 Preliminary

85   Application of part

This part does not apply to a person if—

(a)the chief executive has approved, under section 143, an application in relation to the person’s special need for a class RE or class R Queensland driver licence and section 145 or part 5, division 3, subdivision 4 or 5 applies to the person; or

(b)the person is applying for a Queensland driver licence as a returning driver under part 5, division 4.

86   References to P1 type licence, P2 type licence and P type licence

(1)In this part—

(a)a reference to a P1 type licence includes a non-Queensland driver licence that corresponds to a P1 type licence; and

(b)a reference to a P2 type licence includes a non-Queensland driver licence that corresponds to a P2 type licence; and

(c)a reference to a P type licence includes a non-Queensland driver licence that corresponds to a P type licence.

(2)Also, if the reference is to a P1 type licence, P2 type licence or P type licence of a stated class, the reference includes a non-Queensland driver licence that corresponds to a P1 type licence, P2 type licence or P type licence of the stated class.

Division 2 Class RE learner licences

87   Eligibility requirements

(1)A person is eligible for a class RE learner licence if the person—

(a)is at least 18 years; and

(b)holds a class C, or heavy vehicle class, P1 type licence, P2 type licence, P type licence or O type licence; and

(c)has held a class C, or heavy vehicle class, P1 type licence, P2 type licence, P type licence or O type licence for a period of at least 1 year within the period of 5 years before the person applies for the class RE learner licence; and

(d)passes each road rules test for the class RE learner licence; and

(e)holds a competency declaration (learner).

Note—

See also section 173.

(2)However—

(a)subsection (1)(a) does not apply if the person was granted a class C provisional licence after the chief executive approved, under section 129, an application claiming the person had a special need for a class C provisional licence; and

(b)subsection (1)(d) does not apply if the person is not required to pass a road rules test for the class RE learner licence under section 182 or 183; and

(c)subsection (1)(e) does not apply if the person is not required to hold a competency declaration (learner) for a class RE learner licence under section 188.

Division 3 Class RE and class R provisional licences, probationary licences and open licences

Subdivision 1 Preliminary

88   Application of division

This division applies in relation to the following class RE or class R Queensland driver licences—

(a)a P1 provisional licence or P1 probationary licence;

(b)a P2 provisional licence or P2 probationary licence;

(c)a P probationary licence;

(d)an open licence.

89   Eligibility requirements

A person is eligible for the Queensland driver licence if the person—

(a)is at least the minimum age stated for the licence in subdivision 2, 3 or 4; and

(b)satisfies, under subdivision 2, 3 or 4, the experience requirements for the licence; and

(c)passes each test and holds each competency declaration the person is required to pass or hold in relation to an application for the licence under subdivision 5.

Subdivision 2 Provisional licences

90   Minimum ages

For section 89(a), the minimum age for—

(a)a class RE or class R P1 provisional licence is 17 years; and

(b)a class RE or class R P2 provisional licence is 18 years.

91   Experience requirements for class RE P1 provisional licences—persons who hold class RE learner licences

For section 89(b), a person satisfies the experience requirements for a class RE P1 provisional licence if the person—

(a)holds a class RE learner licence; and

(b)has held, within the period of 5 years before the person applies for the class RE P1 provisional licence, a class RE learner licence for a period of at least—

(i)if the person holds a competency declaration (learner)—90 days; or

(ii)otherwise—1 year; and

(c)is under 25 years when the person applies for the class RE P1 provisional licence.

Note—

For alternative experience requirements for a class RE P1 provisional licence, see section 94.

92   Experience requirements for class RE P2 provisional licences—persons who hold class RE P1 type licences or class RE learner licences

(1)For section 89(b), a person satisfies the experience requirements for a class RE P2 provisional licence if the person satisfies subsection (2), (3) or (4).

(2)For subsection (1), the person must—

(a)hold a class RE P1 type licence; and

(b)have held the class RE P1 type licence, and any other class RE or class R P1 type licences, for a total period of at least 1 year within the last 5 years; and

(c)have been first granted a class RE or class R P1 type licence when the person was under 24 years.

(3)Alternatively for subsection (1), the person must—

(a)hold a class RE learner licence; and

(b)have held, within the period of 5 years before the person applies for the class RE P2 provisional licence, a class RE learner licence for a period of at least—

(i)if the person holds a competency declaration (learner)—90 days; or

(ii)otherwise—1 year; and

(c)either—

(i)be at least 25 years when the person applies for the class RE P2 provisional licence; or

(ii)hold a class C, or heavy vehicle class, P2 provisional licence.

(4)Alternatively for subsection (1), the person must—

(a)hold a non-Queensland driver licence that corresponds to a class RE learner licence; and

(b)have held, for a total period of at least 90 days within the period of 5 years before the person applies for the class RE P2 provisional licence—

(i)the non-Queensland driver licence mentioned in paragraph (a) and any other non-Queensland driver licences that correspond to a class RE learner licence; and

(ii)any class RE learner licences; and

(c)have held a class C, or heavy vehicle class, P1 type licence, P2 type licence or P type licence for a total period of at least 1 year within the period of 5 years before the person applies for the class RE P2 provisional licence.

(5)However, if the person holds a class RE P1 probationary licence, or a non-Queensland driver licence that corresponds to a class RE P1 probationary licence, the person does not satisfy subsection (2) if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

(6)In this section, a reference to a class C, or heavy vehicle class, P2 provisional licence includes a non-Queensland driver licence that corresponds to a class C, or heavy vehicle class, P2 provisional licence.

Note—

For alternative experience requirements for a class RE P2 provisional licence, see sections 94 and 95.

93   Experience requirements for class R P2 provisional licences—persons who hold class R P1 type licences

(1)For section 89(b), a person satisfies the experience requirements for a class R P2 provisional licence if the person—

Part 5    2 demerit point offences

39   Failing to display clearly legible L plates

The number of demerit points for an offence against section 221 of this regulation is 2.

40   Failing to display clearly legible red P plates

The number of demerit points for an offence against section 224(1) of this regulation is 2.

41   Failing to display clearly legible green P plates

The number of demerit points for an offence against section 225(1) of this regulation is 2.

41A   Wilfully causing motor vehicle to lose traction with road

The number of demerit points for an offence against section 85A(1) of the Actis 2.

42   Injurious matter on roads

The number of demerit points for an offence against section 137(1) of the Actis 2.

43   Improper turns

The number of demerit points for an offence against the following provisions of the Queensland Road Rules is 2—

(a)section 27(1);

(b)section 28(1);

(c)section 31(1);

(d)section 32(1);

(e)section 37;

(f)section 40;

(g)section 43;

(h)section 43A.

44   Failing to use slip lanes

The number of demerit points for an offence against the Queensland Road Rules, section 28(1A) is 2.

45   Failing to give proper change of direction signals or stop signals

The number of demerit points for an offence against the following provisions of the Queensland Road Rules is 2—

(a)section 46(1);

(b)section 48(1);

(c)section 53(1), (2) or (3);

(d)section 112(2) or (3);

(e)section 113(2) or (3);

(f)section 117(1) or (2);

(g)section 118(1).

46   Failing to enter roundabouts from correct lanes or parts of road

The number of demerit points for an offence against the Queensland Road Rules, section 111(1) is 2.

47   Failing to keep left

The number of demerit points for an offence against the following provisions of the Queensland Road Rules is 2—

(a)section 115(1);

(b)section 129(1);

(c)section 130(2);

(d)section 135(1).

48   Improper overtaking and passing and failing to keep to left of centre of road

The number of demerit points for an offence against the following provisions of the Queensland Road Rules is 2—

(a)section 131(1);

(b)section 132(1);

(c)section 140;

(d)section 141(1);

(e)section 142(1);

(f)section 143(1) or (2);

(g)section 144.

49   Driving in wrong direction on service roads

The number of demerit points for an offence against the Queensland Road Rules, section 136 is 2.

50   Increasing speed when being overtaken

The number of demerit points for an offence against the Queensland Road Rules, section 145 is 2.

51   Improper passing and overtaking of trams

The number of demerit points for an offence against the following provisions of the Queensland Road Rules is 2—

(a)section 160(2) or (3);

(b)section 161(2) or (3);

(c)section 163(2), (3) or (4);

(d)section 164(2), (3) or (4);

(e)section 164AA(2) or (3).

52   Unnecessary noise and smoke from vehicles

The number of demerit points for an offence against the Queensland Road Rules, section 291(1)(b) is 2.

Part 6    1 demerit point offences

53   Failing to comply with conditions stated on Queensland driver licences

The number of demerit points for an offence against section 201(2) of this regulation is 1.

54   Failing to comply with conditions of non-Queensland driver licences

The number of demerit points for an offence against section 207 of this regulation is 1.

55   Failing to produce certificates of exemption for driving high-powered vehicles

The number of demerit points for an offence against section 240(2) of this regulation is 1.

56   Failing to produce certificates of exemption for late night driving

The number of demerit points for an offence against section 247(2) of this regulation is 1.

57   Using heavy vehicles in contravention of vehicle defect notices—minor defect notices

The number of demerit points for an offence, by the driver of a heavy vehicle, against the Heavy Vehicle National Law (Queensland), section 529 that involves a contravention of a minor defect notice issued under section 526(2)(b) of the Law is 1.

58   Speeding—less than 11km/h over speed limit

The number of demerit points for an offence against the Queensland Road Rules, section 20 that involves driving less than 11km/h over the speed limit is 1.

59   Failing to keep safe or minimum distance

The number of demerit points for an offence against the following provisions of the Queensland Road Rules is 1—

(a)section 126;

(b)section 127(1).

60   Failing to have lights lit at night or in hazardous weather conditions

The number of demerit points for an offence against the Queensland Road Rules, section 215(1) is 1.

61   Improper use of headlights on high-beam

The number of demerit points for an offence against the Queensland Road Rules, section 218(1) is 1.

62   Dazzling road users

The number of demerit points for an offence against the Queensland Road Rules, section 219 is 1.

63   Driving and parking particular defective light vehicles on roads

The number of demerit points for an offence against the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021, section 8(1), that involves a light vehicle that is defective under section 7(1)(a), (b) or (c) of that regulation, is 1.

64   Modifying exhaust systems of light vehicles in non-compliant way

The number of demerit points for an offence against the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021, section 18(1), that involves the modification of a light vehicle in a way stated in section 18(2)(c) of that regulation, is 1.

65   Driving light motor vehicles with modified exhaust systems on roads

The number of demerit points for an offence against the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021, section 20 is 1.

Schedule 6 Original decisions

section 387(1)

Section	Description of decision
70(1)	refusing to approve a young driver’s completed logbook
77(1)	refusing to approve any part of an application for credit made under section 74(1) or (2)
82(1)	refusing to give an exemption from the logbook requirements
129(1)	refusing an application made under section 128 claiming a special need for a class C learner licence or provisional licence
134(1)	refusing an application made under section 133 claiming a special need for a class HC Queensland driver licence
143(1)	refusing an application made under section 142 claiming a special need for a class RE or class R Queensland driver licence
190(2)	deciding a person has not passed a road rules test, including deciding to do a thing mentioned in section 190(2)(a) or (b)
195(1)	refusing to grant or renew a Queensland driver licence
201(1)	deciding to impose an M condition, an S condition or a V condition on a Queensland driver licence if the applicant for the grant or renewal of the licence did not advise the chief executive as mentioned in section 201(3)(b)
213(2)	immediately withdrawing a person’s authority to drive, or learn to drive, under a non-Queensland driver licence
232(1)	refusing an application made under section 231 for a certificate of exemption under chapter 6, part 3, division 3, subdivision 2
238(1)	refusing an application made under section 237 for a certificate of exemption under chapter 6, part 3, division 3, subdivision 3
245(1)(b) or (c)	refusing an application made under section 244 for a certificate of exemption under chapter 6, part 3, division 4 or approving different times to those stated in the application
356(1)	amending, suspending or cancelling a Queensland driver licence
358(2)	immediately amending or suspending a Queensland driver licence

Schedule 7 Fees

section 390

Fee units
1	Road rules test under chapter 3	26.20
2	Practical driving test under chapter 3 or section 362(2)	61.25
3	Hazard perception test under chapter 3	37.70
4	Grant or renewal of a learner licence, mentioned in section 199(3), under section 195—the total of the following—
(a)  for the grant or renewal of the licence for a term of 3 years	70.75
(b)  for the grant of the licence if the code I is stated on the licence—an additional fee	350.25
5	Grant or renewal of a provisional licence, probationary licence, restricted licence or open licence under section 195—the total of the following—
(a)  for the grant or renewal of the licence for a term of—
(i)  1 year	83.55
(ii)  2 years	116.50
(iii)  3 years	144.10
(iv)  4 years	166.75
(v)  5 years	187.10
(b)  for the grant of the licence if the code I is stated on the licence—an additional fee	350.25
6	Making a logbook available under section 67(3)	22.85
7	Application under section 81 for an exemption from the logbook requirements	45.40
8	Application under section 231 or 237 for a certificate of exemption in relation to driving a high-powered vehicle under chapter 6, part 3, division 3, subdivision 2 or 3	45.40
9	Application under section 244 for a certificate of exemption in relation to late night driving under chapter 6, part 3, division 4	45.40
10	Issue of a replacement Queensland driver licence under section 321	33.01
11	Issue of a replacement Queensland driver licence under section 366(7), 367(3) or 367A(3)	33.01
12	Interstate licence transfer fee under section 394	76.83
13	Release of information under section 77(1)(a) of the Act about a person’s Queensland driver licence	25.50
14	Release of information under section 77(1)(a) of the Act about a person’s traffic history	25.50
15	Issue of a replacement licence under section 79F of the Act	33.01
16	Brief intervention education program, under section 91B of the Act, provided by the department	10.35
17	Exemption application under section 91G of the Act	44.00
18	Application under section 91P of the Act for an interlock exemption	43.90

Schedule 8 Permitted high-powered vehicles

schedule 9, definition permitted high-powered vehicle

Model	Engine capacity	Year of model
Daihatsu Copen L880 2D Convertible Turbo	659cc	2003 or later
Smart Fortwo Coupe 2D Turbo 3	698cc	2000 or later
Smart Fortwo Cabriolet Turbo 3 2D	698cc	2000 or later
Smart Roadster Turbo 3 2D	698cc	2000 or later
Suzuki Cappuccino 2D Cabriolet Turbo	657 or 658cc	1992 to 1997
Toyota Landcruiser	any	any

Schedule 9 Dictionary

section 3

amend, a Queensland driver licence, for chapter 13, part 1, see section 350.

applicant, for chapter 12, see section 333.

application, for chapter 14, part 1, see section 380.

approved carer, of a person, means—

(a)if the person is a child—a person who is an approved foster carer or approved kinship carer for the child; or

(b)if the person is an adult—a person who was an approved foster carer or approved kinship carer for the adult when the adult was a child, and with whom the adult lives.

approved foster carer, for a child, means an approved foster carer under the Child Protection Act 1999 in whose care the child is placed under section 82 of that Act.

approved kinship carer, for a child, see the Child Protection Act 1999, schedule 3.

Australian Defence Force means the Australian Defence Force under the Defence Force Act 1903 (Cwlth).

Austroads means Austroads Ltd ACN 136 812 390.

bus see schedule 4 of the Act.

category, of Queensland driver licence, see section 5(1).

choice period see section 264(1).

class—

(a)of a motor vehicle—see section 9(1) and (3); or

(b)of a Queensland driver licence—see section 4(1).

competency declaration means a valid competency declaration under the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015, other than a competency declaration (learner).

competency declaration (learner) means a valid competency declaration under the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015 that declares the person named in the declaration has attained the competencies required under the Q-Ride training curriculum to learn to ride a class RE motorbike.

completed logbook see section 69(2).

current postal address, for a person, means a postal address—

(a)given by the person to the department for use by the department, whether or not the postal address was given for the purpose of this regulation; and

(b)for which no written or oral notice from the person, asking the department to discontinue use of the postal address, has been received by the department.

damaged, in relation to a document—

(a)means—

(i)damaged to the extent that—

(A)information on the document is difficult or impossible to read; or

(B)a photo or signature on the document is difficult or impossible to recognise; or

(ii)destroyed; and

(b)if the document is a smartcard driver licence—includes damaged to the extent that information stored electronically on the licence—

(i)is difficult or impossible to read; or

(ii)for information that is a digital photo or digitised signature stored electronically on the licence—is difficult or impossible to recognise.

decision-maker, for an application, for chapter 14, part 1, see section 380.

defence force licence means a licence granted by the Australian Defence Force that authorises the person who holds the licence to drive a motor vehicle.

demerit points offence means an offence, other than an offence committed by a person while riding a bicycle or personal mobility device, against a provision mentioned in schedule 5.

driver trainer means—

(a)a driver trainer under the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015; or

(b)a person accredited (however described) under a corresponding law to the provisions of the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015 about accreditation of driver trainers.

earthmoving equipment means—

(a)a backhoe with an engine capacity of over 2L; or

(b)a bulldozer; or

(c)an excavator with an engine capacity of over 2L; or

(d)a front-end loader with an engine capacity of over 2L; or

(e)a grader; or

(f)a road-roller with an engine capacity of over 2L; or

(g)a scraper; or

(h)a skid-steer loader with an engine capacity of over 2L.

emergency service worker means—

(a)a fire officer under the Fire Services Act 1990; or

(b)a service officer under the Ambulance Service Act 1991.

exempt police driver means any of the following—

(a)a police recruit under the Police Service Administration Act 1990 who is driving while accompanied by a police officer;

(b)a special constable under the Police Service Administration Act 1990;

(c)a watch-house officer under the Police Service Administration Act 1990;

(d)a community police officer under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984;

(e)a person employed by the commissioner under the Public Service Act 2008, section 147 as a police liaison officer;

(f)a police officer who is a member of a police force or police service of another State or the Commonwealth;

(g)a police recruit of a police force or police service of another State or the Commonwealth who is driving while accompanied by a police officer, including a police officer mentioned in paragraph (f).

experienced driver recognition country means a country or other jurisdiction approved by Austroads and listed on the Austroads website as having obtained experienced driver recognition status.

experienced driver recognition licence see section 10(1).

expired regulation means the expired Transport Operations (Road Use Management—Driver Licensing) Regulation 2010.

family member, of a person, means—

(a)the person’s spouse; or

(b)a child, stepchild, foster child or ward of the person; or

(c)a parent or step-parent of the person; or

(d)a grandparent, or the spouse of a grandparent, of the person; or

(e)a sibling or step-sibling of the person; or

(f)a foster child or ward of a parent or step-parent of the person; or

(g)an approved carer of the person; or

(h)a child, stepchild, foster child or ward of an approved carer of the person; or

(i)a guardian of the person; or

(j)a child, stepchild, foster child or ward of a guardian of the person; or

(k)for a person who is an Aboriginal person—a person who, under Aboriginal tradition, is regarded as—

(i)a family member mentioned in paragraphs (a) to (j); or

(ii)an aunt or uncle of the person; or

(l)for a person who is a Torres Strait Islander—a person who, under Island custom, is regarded as—

(i)a family member mentioned in paragraphs (a) to (j); or

(ii)an aunt or uncle of the person.

fitted with a prescribed interlock see section 333.

foster child, of a person, means a child for whom the person is an approved carer.

good behaviour year, for a person, means a period of 1 year starting on the person’s sanction day.

grandparent, of a person, means—

(a)a parent of a parent of the person; or

(b)a parent of a step-parent of the person.

green P plate means a plate or sign with an area, measuring at least 146mm by 146mm, that shows only a green upper case letter ‘P’ clearly marked on a white background.

guardian means—

(a)for an adult—a guardian appointed for the adult under the Guardianship and Administration Act 2000; or

(b)for a child—a person with a parenting order in relation to the child made in favour of the person and in force under the Family Law Act 1975 (Cwlth).

hazard perception test means a test—

(a)designed to measure the ability of a driver to recognise and respond appropriately to driving situations that are potentially dangerous; and

(b)available on the department’s website.

health professional see section 142(3) of the Act.

heavy vehicle class means class LR, MR, HR, HC or MC.

higher class licence—

(a)for chapter 3, part 2, division 4—see section 55(a); or

(b)for chapter 3, part 4, division 4—see section 117(a).

high-powered vehicle means a car, other than a permitted high-powered vehicle—

(a)that was manufactured before 1 January 2010 and has at least 1 of the following—

(i)8 or more cylinders;

(ii)a turbocharged engine that is not diesel powered;

(iii)a supercharged engine that is not diesel powered;

(iv)an engine that has a power output of more than 210kW under the manufacturer’s specifications for the car;

(v)a rotary engine that has an engine capacity of more than 1,146cc under the manufacturer’s specifications for the car; or

(b)that was manufactured on or after 1 January 2010 and has a power-to-weight ratio of more than 130kW/t; or

(c)that has a modification to the engine that, to be a compliant modification under the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021, section 17, must be an approved modification or certified modification under the regulation.

information, for chapter 14, part 1, see section 380.

information notice, for an original decision, means a written notice stating the following information—

(a)the decision;

(b)the reasons for the decision;

Note—

See the Acts Interpretation Act 1954, section 27B for matters that must be included with the reasons.

(c)the person to whom the notice is given may apply for a reconsideration of the decision under section 387;

(d)how, and the period within which, the person may apply for the reconsideration of the decision;

(e)for an original decision that is a licensing decision—the person is able, under section 131(4) of the Act, to apply to QCAT for a review of the decision on the reconsideration;

(f)for an original decision other than a licensing decision—the person is able, under section 65A of the Act, to apply to QCAT for a review of the decision on the reconsideration.

interlock driver record, for a person, for chapter 12, see section 333.

interstate licence transfer fee means the fee mentioned in schedule 7, item 12.

interstate offence means an offence, other than an offence committed by a person while riding a bicycle or personal mobility device, against a corresponding law to a provision mentioned in schedule 5.

kerb weight, of a motor vehicle, for the definition power-to-weight ratio, means—

(a)the kerb weight of the vehicle stated in the manufacturer’s specifications; or

(b)if the kerb weight is not stated in the manufacturer’s specifications—the kerb weight stated in a specification information test report for the vehicle.

learner, for chapter 6, part 2, division 1, see section 220.

learner approved motorbike see the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021, section 218(3).

licensing decision see section 131(24) of the Act.

light vehicle, for schedule 5, see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021, section 5.

logbook—

(a)means a document, in the approved form, for use under this regulation to record the driving experience of a young driver; and

(b)includes a document, in the approved form, in which details can be wholly or partly recorded and verified, as required under section 68(1), by using an electronic system.

logbook requirements means the requirements mentioned in section 66(1)(a) to (e).

lower class licence—

(a)for chapter 3, part 2, division 4—see section 55(b); or

(b)for chapter 3, part 4, division 4—see section 117(b).

L plate means a plate or sign with an area, measuring at least 146mm by 146mm, that shows only a black upper case letter ‘L’ clearly marked on a yellow background.

marine licence means a recreational marine driver licence, or a personal watercraft licence, granted under the Transport Operations (Marine Safety) Regulation 2016, section 61.

maximum engine power, of a motor vehicle, for the definition power-to-weight ratio, means—

(a)the maximum engine power of the vehicle stated in the manufacturer’s specifications; or

(b)if the maximum engine power is not stated in the manufacturer’s specifications—the maximum engine power stated in a specification information test report for the vehicle.

M condition means the condition mentioned in schedule 3, column 2 opposite the code M in schedule 3, column 1.

minor amendment, for chapter 13, part 1, see section 359(2).

mobile phone does not include a CB radio or any other two-way radio.

moped means a motorbike that—

(a)either—

(i)is fitted with an electric motor; or

(ii)has an internal-combustion engine with an engine capacity of not more than 50mL; and

(b)has a top speed, as rated by its manufacturer, of not more than 50km/h; and

(c)is not a bicycle.

motor vehicle of the relevant class, in relation to a person who applies for a Queensland driver licence as a returning driver, for chapter 3, part 5, division 4, see section 168.

New Zealand licence means a foreign driver licence issued under the law of New Zealand.

night means the period between sunset on a day and sunrise on the next day.

nominated vehicle, for a person, see section 91I of the Act.

notice to choose see section 264(1).

online road rules test means a road rules test that is conducted using an online system.

order period see section 318(2).

original decision see section 387(1).

O type licence see section 7.

overlap period, in relation to a person, for chapter 12, see section 333.

P1 type licence see section 6(1).

P2 type licence see section 6(2).

P type licence see section 6(3).

passenger, on a motorbike, means a passenger—

(a)on a pillion on the motorbike; or

(b)in a sidecar attached to the motorbike.

permitted high-powered vehicle means a car mentioned in schedule 8, other than a car that has a modification to the engine that, to be a compliant modification under the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021, section 17, must be an approved modification or certified modification under the regulation.

power-to-weight ratio, of a motor vehicle, means the ratio, expressed in kilowatts per tonne, calculated by—

(a)for a vehicle manufactured before 1 January 2010—

(i)dividing the vehicle’s maximum engine power in kilowatts by the vehicle’s kerb weight in kilograms; and

(ii)multiplying the product of the division by 1,000; or

Example—

The power-to-weight ratio of a vehicle that has a maximum engine power of 195kW and a kerb weight of 1,500kg is calculated by dividing 195kW by 1,500kg and multiplying the product of the division by 1,000. In this example, the power-to-weight ratio is 130kW/t.

(b)for a vehicle manufactured on or after 1 January 2010—

(i)dividing the vehicle’s maximum engine power in kilowatts by the vehicle’s tare weight in kilograms; and

(ii)multiplying the product of the division by 1,000.

practical driving test means a test, conducted by the department, of a person’s practical ability to drive a motor vehicle.

Example of a practical driving test—

A practical driving test may test a person’s ability to do any of the following—

(a)drive a motor vehicle in a forward and reverse direction;

(b)drive a motor vehicle into or through a restricted space in a forward and reverse direction;

(c)stop a motor vehicle, with the engine running and the gears disengaged, during the ascent of a steep hill and restart the vehicle in a forward direction;

(d)drive a motor vehicle while the vehicle is carrying a load.

prescribed licence decision means a decision of the chief executive to suspend, cancel or immediately suspend a person’s Queensland driver licence if the reason, or 1 of the reasons, for the decision is the person’s mental or physical incapacity.

proposed action, for chapter 13, part 1, see section 353(1).

Q-Ride training see the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015, schedule 7.

Q-Ride training area means a place where a registered service provider under the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015 conducts Q-Ride training.

Editor’s note—

A person can obtain information on the location of Q-Ride training areas from the department.

Q-Ride training curriculum see the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015, section 93(2).

recently issued medical certificate means a valid medical certificate issued within the previous 13 months.

recognised country means a country or other jurisdiction approved by Austroads and listed on the Austroads website as a recognised country or jurisdiction.

recognised country licence see section 10(2).

reconsidered decision means the chief executive’s decision on the reconsideration of an original decision.

record period, in relation to a person, for chapter 12, see section 333.

red P plate means a plate or sign with an area, measuring at least 146mm by 146mm, that shows only a red upper case letter ‘P’ clearly marked on a white background.

relevant charge, for a person’s suspended licence, for chapter 7, part 3, section 288 and chapter 9, see section 291.

relevant order means—

(a)a section 79E order; or

(b)a special hardship order.

relevant person, for chapter 7, see section 255.

relevant provision, for chapter 10, see section 308.

required suspension period, in relation to the suspension of a person’s Queensland driver licence or authority to drive, or learn to drive, under a non-Queensland driver licence, for chapter 7, see section 255.

restricted driving period, for a person, for chapter 6, part 3, division 4, see section 242(1).

returning driver certificate see sections 169(4) and 170(5).

road in Australia includes a road in an external Territory.

road rules test, for a Queensland driver licence, means a test—

(a)designed to measure a person’s knowledge of matters and appropriate behaviour relevant to—

(i)driving safely on a Queensland road; and

(ii)the Queensland driver licence; and

(b)available on the department’s website, at an office of the department or in another way approved by the chief executive.

sanction day, in relation to a person who is given a notice to choose, means—

(a)for a person who notifies the chief executive in writing of the person’s choice under section 264(1)(a) or (b) within the choice period—

(i)the last day of the choice period; or

(ii)if the person notifies the chief executive in writing that the person wants the sanction day to be an earlier day that is not before the day the person notifies the chief executive—the earlier day; or

(b)otherwise—the day after the last day of the choice period.

S condition means the condition mentioned in schedule 3, column 2 opposite the code S in schedule 3, column 1.

section 79E variation order see section 301(2).

show cause notice, for chapter 13, part 1, see section 353(1).

show cause period, in relation to a show cause notice, for chapter 13, part 1, see section 350.

smartcard driver licence means a Queensland driver licence in the form of a card, or something similar, that is approved by the chief executive and on which information may be stored electronically.

special hardship variation order see section 322(2).

specially constructed vehicle—

(a)means—

(i)an agricultural machine within the meaning of the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021, schedule 8; or

(ii)a crane, other than a mobile crane of more than 4.5t GVM, or a hoist or load shifting equipment; or

(iii)earthmoving equipment; or

(iv)another motor vehicle that is not built to carry passengers or a load, except things used in performing the vehicle’s function; but

(b)does not include—

(i)a motor vehicle with a chassis that is substantially the same as a truck chassis; or

(ii)a motorbike.

special need—

(a)for a class C learner licence or provisional licence—see section 127; or

(b)for a class HC Queensland driver licence—see section 132(1); or

(c)for a class RE or class R Queensland driver licence—see section 141.

specification information, for a motor vehicle, means its kerb weight, maximum engine power and tare.

specification information test report, for a motor vehicle, means documentation—

(a)showing the results of a test conducted on the vehicle by an entity to work out the specification information for the vehicle; and

(b)containing the following information—

(i)the name and address of the entity that conducted the test;

Example of an entity for subparagraph (i)—

an entity that operates a vehicle testing facility or a weighbridge

(ii)the day of the test;

(iii)the specification information for the vehicle;

(iv)details about the measuring system used to conduct the test.

Example of a measuring system for subparagraph (iv)—

a dynamometer or a similar measuring system that is designed to measure power produced by an engine

Example of a specification information test report—

a printout of the results of a test from a vehicle testing facility or a test by a weighbridge

stepchild, of a person, means a child of the person’s spouse.

step-parent, of a person, means a spouse of the person’s parent.

step-sibling, of a person, means a child of the person’s step-parent.

supervised driving means driving under the direction of a supervisor.

supervisor, for chapter 3, part 3 and the definition supervised driving, means a person who—

(a)directs the driving of a motor vehicle by another person; and

(b)if the vehicle the other person is driving has passenger seating next to the other person—sits next to the other person while directing the driving; and

(c)while directing the driving, holds an O type licence that authorises the person to drive a class C motor vehicle; and

(d)has held an O type licence that authorises the person to drive a class C motor vehicle for a period of at least 1 year.

suspended licence, of a person, for chapter 7, part 3, section 288 and chapter 9, see section 291.

suspended open licence or provisional licence, of a person, for chapter 10, see section 308.

tare weight, of a motor vehicle, for the definition power-to-weight ratio, means—

(a)the tare of the vehicle stated in the manufacturer’s specifications; or

(b)if the tare is not stated in the manufacturer’s specifications—the tare stated in a specification information test report for the vehicle.

type, of Queensland driver licence, see section 5(2) to (5).

unrecognised country means a country or other jurisdiction that is not an experienced driver recognition country, New Zealand or a recognised country.

valid, in relation to a driver licence, means—

(a)the licence has not expired; and

(b)the licence has not been cancelled, suspended or surrendered or otherwise stopped having effect; and

(c)the person in whose name the licence is issued is not disqualified from holding or obtaining a driver licence in this or another jurisdiction.

valid medical certificate means a medical certificate in the approved form that has not expired.

V condition means the condition mentioned in schedule 3, column 2 opposite the code V in schedule 3, column 1.

ward, of a person, means an adult or child for whom the person is a guardian.

young driver see section 65(1).

young driver disqualification offence means an offence committed by a person—

(a)when the person was under 25 years; and

(b)that led to the person being disqualified under the Act, under another Act or by an order made by an Australian court from holding or obtaining a driver licence.